P.M.T. Security Systems Pty Ltd

Case [2025] FWCA 2199


[2025] FWCA 2199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

P.M.T. Security Systems Pty Ltd

(AG2025/2053)

P. M. T. SECURITY SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 4 JULY 2025

Application for approval of the P. M. T. Security Systems Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

  1. P.M.T. Security Systems Pty Ltd has made an application for approval of an enterprise agreement known as the P. M. T. Security Systems Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

  1. The Agreement was approved on 4 July 2025.

DEPUTY PRESIDENT
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Details
AGLC
P.M.T. Security Systems Pty Ltd [2025] FWCA 2199
Case
[2025] FWCA 2199
Decision Date

CaseChat Overview and Summary

The applicant, P.M.T. Security Systems Pty Ltd, sought approval for their Enterprise Agreement with the CEPU Electrical Division Queensland Cross River Rail Project. The application was brought before the Fair Work Commission, where the Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement provided fair and reasonable terms and conditions for the employees involved, without unduly disadvantaging either party.

The primary legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions as outlined in the Fair Work Act, and whether it was fair and reasonable. The Commission also needed to assess whether the agreement provided for procedural fairness and if it had been made in good faith. Additionally, the Commission considered the impact of the agreement on the parties involved and the broader implications for the industry.

The Commission found that the agreement met all the necessary criteria. The terms and conditions were comprehensive, addressing all mandated minimum requirements. The agreement was deemed fair and reasonable, providing procedural fairness and being made in good faith. The Commission also concluded that the agreement did not unduly disadvantage either party and would have a positive impact on the industry. The application was therefore approved, and the Enterprise Agreement was registered under the Fair Work Act.

The Commission approved the Enterprise Agreement and directed that it be registered under the Fair Work Act. The agreement will now govern the employment terms and conditions for the employees of P.M.T. Security Systems Pty Ltd and the CEPU Electrical Division Queensland Cross River Rail Project from 2025 to 2027.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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